cobb strecker dunphy & zimmermann 

August 11, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE 

Washington, DC 20590 

RE: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the "Reform Act" 

or "Section 333"), Subsection (f) of 49 U.S.C. § 44701, and 14 C.F.R. Part 11, Cobb Strecker 

Dunphy & Zimmermann, Inc. ("CSDZ") seeks an exemption from the Federal Aviation 

Regulations ("F ARs") listed below and discussed in Appendix A to allow CSDZ to operate the 

Typhoon Q5000+ (Manufacture: Yuneec). CSDZ is an Insurance & Risk Management 

professional firm that specializes in construction and heavy industrial. CSDZ represents these 

companies in many fascists including, without limitation, street & road, heavy infrastructure, 

education, hospitality, oil & gas, industrial, residential & housing, retail office and corporate 

headquarters. CSDZ plans to use the "UAS" for aerial imagery, inspection and data collection 

services to help our clients meet their safety, insurance and risk management obligations at 

construction sites & industrial settings across the United States. The information collected by 

the "UAS" will help CSDZ and its many clients inspect, monitor and oversee their 

construction projects. This will in turn translate to improved Risk Management and more realtime decisions in construction that will enhance overall safety and lead to economic 

efficiencies. 

The safety and public benefits of using the "UAS" in construction and industrial applications 

are significant. The "UAS" reduces the need to operate manned aircraft in unconventional 

operations, provide more accurate data in a manner that is more safe, economical and 

efficient, and with a reduced impact on the environment. Importantly, use of the "UAS" also 

allows CSDZ to limit inspections on construction or industrial settings that must otherwise be 

accomplished by individuals, often times involving lifts, ladders, scaffolds and other 

equipment at a height above the surface. Injuries and fatalities of construction workers 

performing such tasks are well-documented. Accordingly, use of the "UAS" for these 

services will result in increased safety for construction and industrial workers. 

Operations pursuant to the exemption will be subject to strict operating requirements and 

conditions to ensure the highest level of safety. The "UAS" that will be utilized, is the Typhoon 

Q5000+ which weighs approximately 3.75 pounds (1700 grams). The Typhoon Q5000+ is 

powered electrically via small, lithium polymer batteries that drive electric propellers and 

operate at a cruising speed of no more than 8 meters per second. The "UAS" were designed 

with extensive automated control features, redundant systems, and integrated fail-safes, and they 

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Exemption Requested 

CSDZ respectfully requests exemptions from the following regulations: 1 

14 C.F.R. Part 21, Subpart H; 

14 C.F.R. § 91.7; 

14 C.F.R. § 91.9(b)(2); 

14 C.F.R. § 91.113; 

14 C.F.R. § 61.113(a), (b); 

14 C.F.R. § 61.133(a); 

14 C.F.R. § 91.119(c); 

14 C.F.R. § 91.121; 

14 C.F.R. § 91.151; 

14 C.F.R. § 91.203; 

14 C.F.R. § 91.405(a) and (b); 

14 C.F.R. § 91.407(a)(l); 

14 C.F.R. § 91.409(a)(l)-(2); and 

14 C.F.R. § 91.417(a). 

The Applicable Legal Standard Under Section 333 

Grant ofthis exemption application for use of the "UAS" in precision aerial photography, data 

collection, inspection and monitoring applications will advance the Congressional mandate in 

Section 333 of the Reform Act to accelerate the introduction of "UAS" into the national 

airspace system ("NAS ") if it can be accomplished safely. This law directs the Secretary of 

Transportation to consider whether certain "UAS" may operate safely in the NAS before 

completion of the rulemaking required under Section 332 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of"UAS" do not create a 

hazard to users of the NAS or the public, or pose a threat to national security in light of the 

following: 

0 The "UAS'"s size, weight, speed, and operational capability; 

0 Operation of the "UAS" in close proximity to airports and populated areas; and 

0 Operation of the "UAS" within visual line of sight of the operator. 

1 As set forth in Appendix B, CSDZ will operate under similar operating conditions as those required in 

the other grants of exemption, in which exemptions for certain F ARs were deemed by the FAA as "not 

necessary." Accordingly, CSDZ does not request FAA exemption from 14 C.F.R 45.23(b), 91.103, and 

91.109(a). If the FAA determines that relief from these or any other regulation is required for the 

operations proposed herein, CSDZ will be happy to submit an amendment to this request and include 

justifications for those necessary additional exemptions. 

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will be operated under controlled conditions and at low altitudes in airspace that is limited in 

scope. 

Though the "UAS" may safely be operated by one person, flight operations performed pursuant to 

this exemption will consist of at least two people: a pilot-in-command (the "PIC") and visual 

observer. The PIC is responsible for the direct and safe operation of the "UAS", monitoring their 

status and flight dynamics while maintaining visual line of sight and keeping the flight within the 

manufacturer's specified limits in terms of wind, flight range, battery life, and other operating 

limitations. The observer will be responsible for monitoring the airspace for other aircraft and 

hazards, advising the PIC before and during flight of all such observed risks, and monitoring the 

controlled operating area. Individuals acting as the PIC will complete training specific to the 

"UAS". The PIC will be a certificated airman who holds either an airline transport, commercial, 

private, recreational or sport pilot certificate. The PIC must also hold a current FAA airman 

medical certificate or a valid U.S. driver's license issued by a state, the District of Columbia, 

Puerto Rico, a territory, possession, or the federal government. 

Because the "UAS" will be used in lieu of comparatively higher risk operations now conducted 

with either fixed wing and rotary manned aircraft or by individuals, the FAA can have 

confidence that CSDZ's operations will achieve a greater level of safety and fulfill the Secretary 

of Transportation's responsibilities under Section 333(c) of the Reform Act to "establish 

requirements for the safe operation of such aircraft systems in the national airspace system." 

Moreover, the FAA has already granted many 333 exemption requests for operation ofthe 

"UAS" models requested here. [FAA Exemption Nos. 11325; 11351; 11357; 11325, 11327.]. 

Accordingly, it should grant this exemption request without delay. 

Applicant Information 

The name of the applicant is: Cobb Strecker Dunphy & Zimmerman 

The primary contact for this application is: 

Scott Staffon, CSP 

Director of Risk Management 

Cobb Strecker Dunphy & Zimmermann 

150 South 5th Street, Suite 2800 

Minneapolis, MN 55402 

Phone: (612) 281-7087 

E-mail: sstaffon@csdz.com 

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Reform Act§ 333(a)(l). If the Secretary determines that such vehicles "may operate safely in 

the national airspace system, the Secretary shall establish requirements for the safe operation of 

such aircraft in the national airspace system." Id §333(c) (emphasis added)? 

The Federal AviationAct expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 

§40 1 01 of the Act, from the requirement that all civil aircraft must have a current 

airworthiness certificate and those regulations requiring commercial pilots to operate aircraft 

in commercial service: 

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any of sections 44702-

44716 of this title if the Administrator finds the exemption is in the public interest. 

49 U.S.C. §44701(f). See also 49 USC §44711(a); 49 USC §44704. 

The grant of the requested exemption is in the public interest based on the clear direction in 

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as 

amended; the strong equivalent level of safety surrounding the proposed operations; and the 

significant public benefit, including enhanced safety and cost savings associated with 

transitioning to "UAS" for aerial imagery, data collection and inspection services. CSDZ 

therefore respectfully requests that the FAA grant the requested exemption without delay. 

Airworthiness of the Typhoon 0 500 

One element of the exemption application involves evidence of the airworthiness of the "UAS". 

CSDZ believes that the "UAS" have been shown to be airworthy and compliant with a significant 

level of safety. The many previous 333 Grants of Exemptions by the FAA further highlight that 

operations of the "UAS" will not adversely affect safety when compared to similar operations 

conducted by aircraft that have been issued an airworthiness certificate under 

14 C.P.R. Part 21, Subpart H. [E.g., FAA Exemption Nos. 11357, 11325.] 

2 This provision places a duty on the Administrator to not only process applications for exemptions 

under Section 333, but for the Administrator, if he deems the conditions proposed herein to require 

modification in order to allow approval, to supply conditions tor the safe operation o[the "UAS". 

CSDZ welcomes the opportunity to consult with FAA staff to address any issues or concerns that this 

proposal may raise that FAA staff believes may require modification. 

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cobb strecker dunphy & zimmermann 

To enhance safety, it is also important to note that the "UAS" are equipped with automated 

features which enhance safe takeoff, flight, and landing in many conditions, further details of 

which are provided in the applicable Q5000+ User Manuals.3 

To maintain airworthiness, CSDZ will follow the inspection and maintenance programs designed 

specifically for the "UAS" by the manufacturer, Yuneec Electric Aviation. Those programs are 

enhanced by an inflight monitoring system for the "UAS" that monitor current position, wind 

speed and direction, battery charge, flight time, and altitude, including both above the takeoff 

location and above sea level. If onboard sensors detect a critical situation at any time (low 

battery, close proximity to the ground, weak data link signal, etc.) the "UAS" will automatically 

initiate a preprogrammed safety procedure. In the event of any malfunction, the "UAS" will 

undergo all maintenance required by the manufacturer and undergo flight testing before 

recommencing commercial operations. 

Proposed Operation and Associated Conditions 

CSDZ intends to use the "UAS" that weigh significantly less than 55 pounds for the purpose 

of collecting aerial photography and data, as well as aerial inspection and monitoring 

applications at construction and industrial sites. 

All of the "UAS" operations will occur under tightly controlled conditions on privately owned 

land at the owner's request and consent, solely during daylight hours, and at altitudes well 

below that which would pose a risk to other aircraft. The operations will take place in areas 

away from people, crowds and airports. Moreover, due to the nature and purpose of the 

operations, CSDZ will fly the "UAS" at relatively low altitudes and speeds. The risk of 

interference with another aircraft is therefore minimal. 

Grant of this exemption to CSDZ will be subject to the conditions listed in Appendix B which are 

based upon the operating conditions required by the FAA's previous grants of exemptions. The 

"UAS" are characterized by a high degree of pre-programmed control and various built-in 

technical capabilities that limit the potential for operation outside of the conditions set forth in 

Appendix B. They were also designed with internal functional and safety features to assist the 

operator in safe and reliable operation. With pre-programmed flights and manual control, 

operators can easily maintain separation from manned aircraft operations and avoid other hazards. 

In the controlled environment under the operations conditions in Appendix B, operations will 

remain within visual line-of-sight (VLOS) and below 400 feet AGL. In addition, CSDZ will 

obtain a Certificate ofWaiver or Authorization from the FAA Air Traffic Organization to address 

airspace requirements and provide notification by a Notice to Airman (NOT AM). 

3 CSDZ can provide if requested by the FAA, the following documents, as proprietary and under 

corifidentiality, in support of this exemption request: the Typhoon Q5000+ Safety Guidelines, User 

Manual, Quick Start Guide, Maintenance Manual, Flight Battery Safety Guidelines 

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Operator Requirements 

As a condition to the grant of the exemptions, CSDZ will require that the PIC hold either an 

airline transport, commercial, private, recreational or sport pilot certificate. The PIC must also 

hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, 

the District of Columbia, Puerto Rico, a territory, possession, or the federal government. The 

PIC will also be subject to the flight review requirements pursuant to the Federal Aviation 

Regulations ("F ARs"). 

In addition, the PIC must complete a FL YSAFE training program. This training familiarizes the 

PIC to the operations and limitations of the "UAS". Training will also include discussions on the 

basic fundamentals of"UAS" aerodynamics and technical limitations, as well as the more general 

topics of weather, the National Airspace System, and the regulatory framework. 

CSDZ does not believe that certified airmen, medical certificates, and the related operating 

conditions, are necessary or required to operate the "UAS". However, CSDZ will accept these 

requirements as a condition to the grant of this exemption. If, and when, the FAA finds such 

conditions unnecessary for operations conducted pursuant to Section 333 exemptions, CSDZ 

respectfully reserves the right to amend its operating conditions and request exemption from the 

relevant F ARs to operate without such conditions. 

Public Interest 

The use of the "UAS" in lieu of comparatively hazardous operations currently conducted with 

conventional fixed wing and rotary aircraft offers a net safety benefit and will achieve an 

enhanced level of safety, as mandated under Section 333(c) of the Reform Act. Approval of this 

application will also benefit the public interest by allowing better, safer, and more cost efficient 

information for CSDZ and the public. Moreover, it will lessen the need for inspections by 

individuals that must often use equipment to observe construction sites from heights above the 

surface. 

Conventional aerial photography, inspection and monitoring operations using manned aircraft 

involve heavy aerial aircraft that must transit from airports to the operational location, carrying 

significant amounts of combustible fuel, and a multi-person crew. Manned aircraft are also at risk 

of fuel spillage and fire in the event of an accident or incident. By contrast, use of the "UAS" is 

safe, economical and efficient. The Typhoon Q5000+ weights approximately 3.75 pounds and is 

carried (not flown) to and from the area of activity, which poses much less risk to people and 

infrastructure on the ground, as well as other aircraft. 

No national security issue is raised by the grant of the requested exemptions. Given the size, 

load-carrying capacity, the speed at which the "UAS" operates (8 meters per second), and the 

fact that they do not carry explosives or other dangerous materials, the use of the "UAS" pose no 

threat to national security. In fact, the threat of causing damage to property is significantly 

reduced with the extremely low weight of the "UAS" and limited operating areas. Any other 

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Any other security concerns are ameliorated by the fact that all individuals holding an FAA 

airman certificate are subject to a security screening by the U.S. Department of Homeland 

Security, 49 U.S.C. § 44903G)(2)(D)(i). 

The grant of the requested exemption is in the public interest based on the clear direction in 

Section 333, the Federal Aviation Act,4 the high and equivalent level of safety of the proposed 

operations, and the significant public benefit, including enhanced safety and cost savings to be 

realized as a result of the use of the "UAS" for aerial imagery, data collection and inspections. It 

is also in-line with the previous Grants of Exemption by the FAA for the same and similar 

"UAS" models and manufacturers. [FAA Exemption Nos. 11357, 11325, 11327.] 

Accordingly, CSDZ respectfully requests that the FAA grant an expedited exemption. 

Very truly yours, 

4 The Federal Aviation Act expressly grants the FAA the authority to issue exemptions: The 

Administrator may grant an exemption from a requirement of a regulation prescribed under subsection 

(a) or (b) of this section or any of sections 44702-44716 of this title if the Administrator finds the 

exemption is in the public interest. 49 U.S. C.§ 44701 (f). 

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cobb strecker dunphy & zimmermann 

Appendix A 

Exemption Request and Equivalent Level of Safety Showings 

Under Applicable Rules Subject to Exemption 

14 CFR Part 21, Subpart H: Airworthiness 

Certificates 14 CFR § 91.203 (a)(1) 

Section 91.203(a)(l) requires all civil aircraft to have a certificate of airworthiness. Part 21, 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR§ 91.203(a)(1). Given the very small 

size of the aircraft and the limited operating area associated with their utilization, it is 

unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to 

achieve or exceed current safety levels. 5 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act 

both authorize the FAA to exempt aircraft from the requirement for an airworthiness 

certificate, upon consideration of the size, weight, speed, operational capability, and proximity 

to airports and populated areas ofthe "UAS" involved. 

In this case, an analysis of these criteria demonstrates that the "UAS" operated without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, 

than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The 

Typhoon Q5000+ weighs approximately 2.7 pounds. The Typhoon Q5000+ does not carry a 

pilot or passenger; it does not carry flammable fuel, and will operate exclusively within an 

area pre-disclosed and in compliance with conditions set forth herein. Operations under this 

exemption will be tightly controlled and monitored by the operator, pursuant to the conditions 

set forth in Appendix B, the applicable Q5000+ manuals, the CSDZ "UAS" General 

Operations Manual ("GOM"), and by local public safety requirements. 

The FAA will have advance notice of all operations through the filing ofNOTAMs. Receipt 

of the prior permission of the land owner (or lessee), the size of the aircraft, the lack of 

flammable fuel, and the fact that the aircraft is carried to the location and not flown there all 

establish the equivalent level of safety. The "UAS" provide at least an equivalent level of 

safety to that of such operations conducted with conventional manned aircraft that would be 

5 The FAA has stated that no exemption is needed from this section if a finding is made under the Reform 

Act that the "UAS" provide an equivalent level of safety when compared to aircrqft normally used for the 

same application. These criteria are satisfied and therefore no exemption ·is needed [See e.g., Exemption 

No. 11220 (an exemption from 91.203 not requiredfor the Phantom).] However, CSDZrequests an 

exemption in the event that the FAA determines that some characteristics of the "UAS "fail to meet the 

requirements of the Reform Act. 

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orders-of-magnitude larger and would be carrying passengers, cargo, and flammable fuel. 

The safety features including the redundant sensor systems, as described in the DJI User 

Manuals, and throughout this document, underscore the importance placed on safety and 

reliability in the design and manufacture of the "UAS". 

14 CFR § 91.7 (a)- (b); Civil Aircraft Worthiness 

Section 91.7(a) requires that a civil aircraft must be in airworthy condition to be operated. In 

previous grants of exemption for the "UAS", the FAA concluded that an exemption was 

required under 14 C.P.R.§ 91.7(a). In each instance, the FAA granted relief under§ 91.7(a) 

through a requirement that each petitioner ensure that the "UAS" is in an airworthy 

condition- based on compliance with the User Manual- prior to every flight. [See e.g., 

Exemption No. 11220, p. 5.] CSDZ therefore requests that the FAA find similar relief under 

the same conditions here. 

Section 91.7(b) places responsibility on the PIC to ensure an aircraft is in a condition safe 

for flight. In prior grants of exemption to the "UAS", the FAA determined that exemption 

from this section was not necessary. [See e.g., Exemption No. 11191; 11195; 11120.] To 

the extent that the FAA determines an exemption is required here, CSDZ respectfully 

requests that the FAA find compliance with the manufacturer's manuals, and requirements 

of the grant of exemption, a sufficient means for ensuring that the "UAS" are in a condition 

for safe flight. 

14 CFR § 91.113 Right-of-Way Rules 

Section 91.113 requires that vigilance be maintained by each person operating an aircraft to 

see and avoid other aircraft. Unlike manned aircraft, the "UAS" pilot is not on-board the 

aircraft to observe and avoid other aircraft, operating the "UAS" from the ground. 

CSDZ's proposed operating conditions will achieve an equivalent or greater level of 

safety. All operations will involve two individuals-one FAA certificated pilot as 

the PIC and one visual observer who will monitor the immediate and surrounding airspace of 

the operation for potential obstruction hazards and other possible intrusions. The "UAS" 

will also be limited to designated areas below 400 feet AGL and within a virtual fence. 

CSDZ will notify the FAA and other pilots ofthe "UAS" operations byNOTAM. 

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14 CFR § 61.113(a) & (b); 61.133 (a): Private Pilot Privileges and Limitations; 

Pilot in Command; Commercial Pilot Privileges and Limitations 

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a 

conventional aircraft that carries a pilot, passengers, and cargo, the "UAS" are 

remotely controlled with no passengers or property of others on-board. Section 

61.133(a) requires an individual with at least a commercial pilot's license to act as 

pilot in command of an aircraft for compensation or hire. 

CSDZ respectfully proposes that operator requirements should take into account the 

characteristics of the particular "UAS". Here, the "UAS" have a high degree of preprogrammed control and various built-in technical capabilities that strictly limit the potential 

for operation outside of the operating conditions set forth in Appendix Band the exemption 

application. The small size, endurance, range and payload capacities of the "UAS" mean that 

no passengers and/or cargo will ever be carried by the aircraft. Rather, commercial operations 

will be strictly limited to acquiring aerial imagery, data collection and inspections. 

Considering these conditions, operating limitations and restrictions, an equivalent level of 

safety will be provided by allowing operation of the "UAS" by CSDZ with individuals who 

possess a valid FAA airline transport, commercial, private, recreational or sport pilot 

certificate. The risks associated with the operation of the "UAS" (given their small size, 

speed, operational capabilities and limitations, and lack of combustible fuel) are so 

diminished from the level of risk associated with commercial operations (and even operations 

permitted with a private pilot certificate) contemplated by Part 61 with manned aircraft, that 

allowing operations of the "UAS" as set forth in Appendix B meets and exceeds the present 

level of safety provided under 14 C.F .R. § 61.113( a)-(b ), and does not call for a commercial 

pilot certificate as set forth in§ 61.133. [FAA Exemption No. 11357 (requiring at least a 

recreational or sport pilot certificate, and a current FAA airman medical certificate or valid 

U.S. driver's license).] 

14 CFR § 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119( c) 

limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the 

surface, except over open water or sparsely populated areas. In those cases, the aircraft may 

not be operated closer than 500 feet to any person, vessel, vehicle, or structure. 

As set forth herein, the "UAS" will not operate at higher than 400 feet AGL. The "UAS" will, 

however, be operated to avoid congested or populated areas. Because aerial photography, 

data collection and inspection work must be accomplished at relatively low altitudes and at 

altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed. 

The equivalent level of safety will be achieved given the size, weight, speed, and material with 

which the "UAS" are built. Also, all flights will be conducted over private and/or controlledto 

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access property with the permission of the land owner or those who control the land. Because 

of the advance notice to the landowner, all affected individuals will be aware of the flights. 

Compared to operations conducted with aircraft or rotorcraft weighing far more than the 

"UAS", and carrying flammable fuel, any risk associated with these operations will be 

significantly less than those currently allowed with conventional aircraft operating at or below 

500 feet AGL. Indeed, the low-altitude operations of the "UAS" will maintain separation from 

operations of conventional aircraft that must comply with Section 91.119. 

14 CFR § 91.151 (a): Fuel Requirements for Flight in VFR Conditions 

This regulation prohibits an individual from beginning "a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing and, assuming normal cruising speed - (1) During the day, 

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." 

The Typhoon Q5000+ is powered by a removable, rechargeable, lithium-polymer battery that 

provides approximately 20 minutes of powered flight. Without an exemption from § 14 CFR 

91.151, flights by CSDZ would not be possible. Given the limitations on the proposed 

operations and their locations, a less burdensome reserve requirement for flight in daylight 

VFR conditions is reasonable. Moreover, Typhoon Q5000+ provides low battery warnings 

that indicate the PIC must command the aircraft's return to the launch point when low battery 

capacity voltage is reached. A critical low battery warning is also provided. The aircraft will 

initiate an automatic descent and landing at the critical low battery warning. 

An exemption from 14 CFR § 91.151(a) is safe and within the scope ofthe prior exemptions 

for the "UAS". [See e.g., Exemption No. 11195; 11191.] In line with the previous grants of 

exemption, CSDZ requests that the FAA grant relief under the condition that the PIC will not 

begin a flight unless (considering wind and forecast weather conditions) there is enough power 

to fly to the first point of intended landing and, assuming normal cruise speed, land the "UAS" 

and to operate after that for at least 5 minutes. [See Exemption No. 11325.] 

14 CFR §§ 91.9 (b)(2); 91.203 (a)- (b); Carriage of Civil Aircraft Airworthiness 

Certificate and Registration 

Sections 91.9(b) and 91.203(a)-(b) require an aircraft operator to carry airworthiness 

documents and other aircraft manuals onboard the aircraft at all times. Because the 

"UAS" are small in size and do not contain a cabin or flight deck, carriage of such 

documents and manuals is impossible. 

The intent of these regulations is to ensure that the PIC has access to important documents 

during flight. Here, an equivalent level of safety is achieved if the PIC has access to the 

applicable "UAS" manual(s), registration certificate and other required documents from the 

Ground Control Station from which he or she is conducting operations. This is consistent 

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with a prior opinion of the FAA Office of the Chief Counsel, and other grants of exemptions 

for commercial "UAS" operations. [SeeMemorandum from Mark Bury, FAA Assistant 

Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA 

Flight Standards Service (Aug. 8, 2014).] 

14 CFR § 91.121: Altimeter Settings 

Section 91.121 requires that each individual operating an aircraft shall maintain the cruising 

altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is 

set, when operating below 18,000 feet MSL to: 

• The current reported altimeter setting of a station along the route and within 1 00 

nautical miles of the aircraft; 

• If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, 

the current reported altimeter setting of an appropriate available station; 

• In the case of an aircraft not equipped with a radio, the elevation of the departure 

airport or an appropriate altimeter setting available before departure. 

To provide an equivalent level of safety, the "UAS" autopilot calculates the reference 

altitude (ground level) with on-board GPS. The altitude information generated from the 

GPS is transmitted to the PIC. The PIC shall confirm the altitude ofthe launch site shown 

on the GPS altitude indicator before flight. The FAA has granted relief from this section in 

prior grants of exemption under the condition that the operator set the altimeter to zero feet 

AGL rather than local barometric pressure or field altitude before each flight. [Exemption 

Nos. 11062 and 11067.] A similar grant of exemption is thus warranted here. 

14 CFR §§ 91.405 (a); 407 (a)(1); 417 (a): Maintenance Inspections 

Section 91.405(a) requires that an aircraft operator or owner "shall have that aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 4 3 of 

this chapter .... " Section 91.407 similarly makes reference to requirements in Part 43; Section 

91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate. 

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance 

work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots 

and records of approval of the aircraft for return to service. 

An equivalent level of safety will be achieved because the "UAS" are small in size, will 

solely operate in limited and predetermined areas, and are not large, complex mechanical 

machines. CSDZ will perform all maintenance and inspections in accordance with the 

manufacturers' manuals and any required manufacturer Safety or Service Bulletins. In 

addition, the PIC will conduct a pre-flight inspection of the "UAS" and all associated 

equipment to account for all discrepancies and/or inoperable components. Maintenance will 

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be performed and verified to address any conditions potentially affecting safe operation of 

the "UAS" and no flights will occur unless and until all flight critical components of the 

"UAS" have been found to be in a condition for safe operation. A functional flight test will 

be conducted following the replacement of any flight-critical components. 

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AppendixB 

CSDZ Operating Restrictions and Limitations 

1) Operations authorized by this grant of exemption are limited to the Typhoon Q5000+, 

which weighs approximately 2. 7 pounds. Proposed operations of any other aircraft will 

require a new petition or a petition to amend this grant. 

2) The "UAS" shall not be flown at a ground speed exceeding 87 knots (1 00 miles per hour). 

3) Above Ground Level ("AGL") altitude shall be restricted to 400 feet. All altitudes 

reported to Air Traffic Control ("ATC") shall be in feet AGL. 

4) The "UAS" shall be operated within Visual Line-of-Sight ("VLOS") of the pilotin- command ("PIC") and visual observer at all times. The PIC must use human 

vision unaided by any device other than corrective lenses, as specified on the PIC's 

FAA- issued medical certificate. 

5) All operations must utilize a visual observer ("VO"). The VO may be used to satisfy the 

VLOS requirement as long as the PIC maintains VLOS capability. The VO and PIC 

must be able to communicate verbally at all times. The PIC must be designated before 

the flight and cannot transfer his or her designation for the duration of the flight. 

6) Any and all additional requirements identified in the exemption grant by the FAA shall 

be added to the "UAS" General Operations Manual ("GOM"). The GOM must be 

maintained and made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations in the granted exemptions and the GOM, the 

conditions and limitations in the granted exemptions shall take precedence and must be 

followed. Otherwise, the operator must follow the procedures outlined in the GOM. 

The operator may update or revise its GOM. It is the operator's responsibility to track 

such revisions and present updated and revised documents to the Administrator upon the 

request. The operator must also present updated and revised documents if it petitions for 

an extension or amendment of the granted exemptions. If the operator determines that 

any update or revision would affect the basis upon which the FAA granted the 

exemptions, then the operator must petition for amendment to its exemptions. The 

FAA's "UAS" Integration Office (AFS-80) may be contacted if questions arise 

regarding updates or revisions to the GOM. 

7) Prior to each flight the PIC must inspect the "UAS" to confirm that it is in a condition 

for safe flight. The preflight inspection shall account for all discrepancies (i.e., 

inoperable components, items, or equipment). The PIC shall not operate the aircraft if 

the inspection reveals a condition that affects the safe operation of the "UAS" until the 

necessary maintenance has been performed and the "UAS" is found to be in a condition 

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for safe flight. The Ground Control Station ("GCS") shall be included in the preflight 

inspection. 

8) Any "UAS" that has undergone maintenance or alterations that affect the "UAS" 

operation or flight characteristics (e. g., replacement of a flight critical component) must 

undergo a functional test flight. The PIC who conducts the functional test flight must 

make an entry in the "UAS" aircraft records. 

9) CSDZ must follow the manufacturer's aircraft/component maintenance, overhaul, 

replacement, inspection, and life limit requirements. 

1 0) CSDZ shall carry out its maintenance, inspections, and record keeping requirements, in 

accordance with the manufacturer's manuals and instructions. Maintenance, inspection, 

and alterations must be noted in the aircraft records, including total flight hours, 

description of work accomplished, and the signature of the authorized PIC or technician 

returning the "UAS" to service. 

11) The PIC must make a record entry in the aircraft records of the corrective action taken 

against discrepancies discovered between inspections. 

12) The PIC must possess either an airline transport, commercial, private, recreational or 

sport pilot certificate. The PIC must also hold a current P AA airman medical certificate 

or a valid U.S. driver's license issued by a state, the District of Columbia, Puerto Rico, a 

territory, a possession, or the federal government. The PIC must also meet the flight 

review requirements specified in 14 C.P.R.§ 61.56 in an aircraft in which the PIC is 

rated on his or her pilot certificate. 

13) CSDZ will not permit any PIC to operate the "UAS" unless and until that PIC 

demonstrates the ability to safely operate the "UAS" in a manner consistent with how the 

"UAS" will be operated pursuant to this exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures. PIC qualification flight hours and currency must be logged in a manner 

consistent with 14 C.P.R. § 61.51(b). 

14) The "UAS" shall not be operated directly over any person, except authorized and 

consenting individuals, or below an altitude that is hazardous to persons or property on 

the surface in the event of an "UAS" failure or emergency. 

15) Operating of the "UAS" may be conducted at distances less than 500 feet from 

participating persons, vessels, vehicles or structures that perform an essential function in 

connection with these special purpose operations. Operations closer than 500 feet from 

the PIC, visual observer, operator trainees, and essential persons, are permitted when 

operationally necessary; but never so close as to present an undue hazard, per§ 

91.119(a). 

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16) Operation of the "UAS" must be conducted at least 500 feet from all 

nonparticipating persons, vessels, vehicles, and structures unless: 

a. the aircraft is operated near vessels, vehicles or structures where 

the land owner/controller has granted permission and the PIC has 

made a safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue hazard. 

17) If the "UAS" loses communications or loses its GPS signal, the "UAS" must return 

to a pre-determined location within the operational area and land or be recovered in 

accordance with the manufacturer's user manuals. 

18) The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 

19) The PIC is prohibited from beginning a "UAS" flight unless (considering wind and 

forecast weather conditions) there is enough power to fly to the intended point of 

landing and, assuming normal cruising speed, operate after that for at least 5 minutes. 

20) CSDZ shall obtain an Air Traffic Organization (ATO) issued Certificate of Waiver of 

Authorization (COA) prior to conducting any operation. This COA will also require the 

filing of the NOT AM not more than 72 hours in advance, but not less than 48 hours prior 

to the operation. 

21) All aircraft operated in accordance with the requested exemption must be identified by 

serial number, registered in accordance with 14 C.F.R. Part 47, and have identification 

(N-Number) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings shall 

be as large as practicable. 

22) Each "UAS" must comply with all manufacturer System and Safety Bulletins. 

23) The radio frequency spectrum used for operation and control of the "UAS" must 

comply with Federal Communication (FCC) or other appropriate government oversight 

agency requirements. 

24) The documents required under 14 C.F.R. §§ 91.9 and 91.203 shall be available to the 

operator at the Ground Control Station of the "UAS" any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request. 6 . 

6 This is consistent with an FAA Office of Chief Counsel Opinion, dated August 8, 2014, and prepared by 

Dean E. Griffith, AGC-220, in which it was acknowledged that the intent of 14 C.F.R. § 91.9(b) and 

91.203(a), (b) is met if the PIC of the "UAS" has access to the aircraft flight manual, registration 

certificate, and other required documents from the ground control station from which he or she is operating 

the "UAS ". Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, 

Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014). 

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25) The "UAS" must remain clear and yield the right of way to all other manned 

operations and activities at all times (including, without limitation, ultralight vehicles, 

parachute activities, parasailing activities, hang gliders, etc.). 

26) Operations shall occur under Visual Meteorological Conditions (VMC); flights under 

special visual flight rules (SVFR) shall not be conducted. 

27) The s "UAS" shall not be operated from any moving device or vehicle. 

28) The "UAS" shall not be operated closer than 500 feet below or 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

29) Operations shall not occur in congested or densely populated areas. The "UAS" may 

not operate in Class B, C, D orE airspace without written approval from the 

controlling authority. Operations will not be conducted within a 5 NM range of the 

geographic center of an airport as denoted on a current FAA-published aeronautical 

chart unless permission has been obtained from the local control tower or, in the case 

of a non- towered airport, written notice has been provided to the airport's 

management, and the operation is conducted in accordance with a NOT AM as required 

by the grant of this exemption. 

30) All operations shall be conducted over private and/or controlled-access property with 

permission from the landowner/controller or authorized representative. Permission from 

the landowner, controller, manager or authorized representative will be obtained for each 

flight to be conducted. 

31) Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA shall be reported 

to the FAA's "UAS" Integration Office (AFS-80) within 24 hours. Accidents shall be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov. 

32) "UAS" operations may not be conducted during night, as defined by 14 C.P.R. § 1.1. 

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Appendix C 

Federal Registry Summary 

Pursuant to 14 C.F .R. Part 11, CSDZ offers the following summary for publication in 

the Federal Register, should publication be necessary: 

CSDZ seeks an exemption from the following rules: 

14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 91.7; 14 C.F.R. § 91.9(b)(2); 14 

C.F.R. § 91.113; 14 C.F.R. § 61.113(a)-(b); 14 C.F.R. § 61.133(a); 14 C.F.R. § 

91.119(c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151; 14 C.F.R. § 91.203; 14 

C.F.R. § 91.405(a)-(b); 14 C.F.R. § 91.407(a)(l); 14 C.F.R. § 91.409(a)(1)-(2); 

and, 14 C.F.R. § 91.417(a). 

Approval of these exemptions will permit CSDZ to conduct commercial unmanned 

aircraft systems ("UAS") operations in construction and industrial applications for our 

clients. The exemptions will enhance safety by reducing risk to the general public and 

property owners from the risk and hazards associated with performing equivalent work 

through individual construction workers and conventional manned aircraft. 

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